Last Updated: 27 January 2017
Welcome to The Big Fruit!
Please read the “Terms of Service” carefully before you start to use The Big Fruit Website, services, content, technologies and applications made available by or through thebigfruit.com (“Our Website”). By using thebigfruit.com or by clicking to accept or agree to these Terms of Service, when this option is made available to you, you accept and agree to be bound and abide by these Site Terms and by Our Privacy Policy, incorporated herein by reference.
The Big Fruit Website is offered and available to users who are 18 years of age or older. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s). By accessing or using The Big Fruit Website, you represent and warrant that you are of legal age to form a binding contract with Us. If you do not meet this requirement, you must not access or use The Big Fruit Website.
About The Big Fruit Website
thebigfruit.com is a website owned by The Big Fruit Ltd, 42 Upper Berkeley Street, Marble Arch, London, W1H 5PW, United Kingdom (“We”, “Us”, “Our” or “The Big Fruit”). The Big Fruit Website gives users the ability to consume wellness content, ask questions, reply to questions, post comments and other user generated content, and to purchase access to a variety of online, streaming and downloadable content on a subscription or other basis, including Our courses (collectively, the “Online Courses”) subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of the purchase of access to and use of any Online Course will be governed by The Big Fruit’s Term of Sale. We may, in Our sole discretion, change or discontinue any or all aspects of The Big Fruit Website at any time, without notice, and without liability to you.
About The Terms of Service
The Terms of Service have the same effect as an agreement in writing and govern your use of Our Website. If you do not agree to the Terms of Service, please do not use Our Website. We may modify the Terms of Service at any time. If you do not agree to the changes, you may discontinue using Our Website before the changes take effect. Your continued use of The Big Fruit Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into Our Website, you reaffirm your acceptance of the Terms of Service. You are responsible for regularly reviewing the Terms of Service. The Terms of Service are supplemented by additional terms and conditions applicable to privacy, and may be supplemented by additional terms and conditions applicable to specific areas of The Big Fruit Website, or to particular content or transactions are posted in particular areas of The Big Fruit Website and, together with these Terms of Service, govern your use of those areas, content, or transactions.
Disclaimer
Our Website (and all content on Our Website) and Our Online Courses include information and instruction relating to wellness topics, such as diet, yoga, exercise and fitness, relationships and personal growth and some of the products and services referred to on or available through Our Website and Online Courses relate to such topics (such products and services, together with Our Website and Our Online Courses, collectively, “Our Wellness Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Wellness Content.
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through Our Website and/or Our Online Courses, We strongly recommend that you consult with a physician or other healthcare provider. The Big Fruit Ltd and its staff are not licensed dentists, medical care providers, therapists, psychiatrists, psychologists, relationship counselors, life coaches, first responders or any other kind of professional care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program (e.g., exercise or diet) on a medical condition or any other Condition. While some of The Big Fruit Ltd’s content providers may be Professional Care Providers, The Big Fruit Ltd, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing general education and information to you about wellness topics. You acknowledge and agree that when participating in any diet, exercise, yoga or exercise program or other activity or program described in Our Wellness Content, and/or when using any diet or fitness products or products or services described or provided in or through Our Wellness Content, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Wellness Content. You are advised that health advice and other Professional Advice is often subject to updating and refining due to medical and other research and developments. We are committed to bringing you the most up to date information, however, We make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider or other Professional Care Provider with any questions or concerns you may have regarding any health condition or any other Condition that you may have before starting any yoga, Pilates or other exercise program, making changes to your diet or engaging in any other activity or program described in Our Wellness Content.
You should never disregard medical or other Professional Advice or delay seeking it because of a statement you have read and/or heard in Our Wellness Content. Our Wellness Content should not be used in lieu of Professional Advice given by qualified medical professionals such as your doctor or registered dietitian or other Professional Care Provider. It is important that Our Wellness Content is used only in conjunction with qualified medical guidance and guidance provided by other applicable Professional Care Providers. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your doctor or other Professional Care Provider prior to using Our Wellness Content. If you experience any discomfort or pain during an activity in Our Wellness Content, such as a diet or exercise routine, you must immediately cease the activity and seek the assistance of a physician or other applicable Professional Care Provider.
Terms and Conditions
1) We May Discontinue or Suspend Our Website or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Website for any reason, and to take any other actions that We, in Our sole discretion, believes to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Website.
2) Your Access to the the Big Fruit Website and Prohibited Uses. To access Our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Our Website that all the information you provide on Our Website is correct, current and complete. You agree that all information you provide to register with Our Website or otherwise, including but not limited to through the use of any interactive features on Our Website, is governed by Our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Our Privacy Policy.
You may use Our Website only for lawful purposes and in accordance with these Site Terms. You agree not to use Our Website:
- In any way that violates any applicable local, national or international law or regulations (including, without limitation, any laws regarding the export of data or software to and from the UK or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards specified in Section 3(d) below and any other content standards We may specify from time to time on Our Website.
- To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, or any “junk mail”, “chain letter” or “spam.”
- To impersonate or attempt to impersonate The Big Fruit Ltd, any of Our employees or other service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of The Big Fruit Website, or which, as determined by us, may harm the The Big Fruit Ltd or users of The Big Fruit Website or expose them to liability.
Additionally, you agree not to:
- Use The Big Fruit Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through The Big Fruit Website.
- Use any robot, spider or other automatic device, process or means to access The Big Fruit Website for any purpose, including monitoring or copying any of the material on The Big Fruit Website.
- Use any manual process to monitor or copy any of the material on The Big Fruit Website or for any other unauthorized purpose without Our prior written consent.
- Use any device, software or routine that interferes with the proper working of The Big Fruit Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website.
- Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of Our Website.
3) The Big Fruit Ltd Has All Rights In The Big Fruit Website and Content; You Grant The Big Fruit Ltd Certain Rights When You Submit Content to Us:
(a) The Big Fruit Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising the Big Fruit Website are also copyrighted works, and The Big Fruit Ltd (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on The Big Fruit Website. These Terms of Service permit you to use Our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Big Fruit Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of Our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If the Big Fruit Ltd provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Our end user license agreement for such applications.
If The Big Fruit Ltd provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from The Big Fruit Website
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from The Big Fruit Website.
4) Your Use of The Big Fruit Ltd Content is Restricted:
- You must not access or use for any commercial purposes any part of Our Website or any services or materials available through Our Website.
- Unless expressly stated on Our Website or permitted by Us in writing, you may make no other use of the content available on Our Website. If you wish to make any use of material on Our Website other than that set out in this section, please address your request to: support@thebigfruit.com.
- If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Our Website in breach of these Site Terms, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Our Website or any content on Our Website is transferred to you, and all rights not expressly granted are reserved by Us. Any use of The Big Fruit Website not expressly permitted by these Terms of Service is a breach of these Site Terms and may violate copyright, trademark and other laws.
- Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of The Big Fruit Ltd or its affiliates or licensors. You must not use such marks without The Big Fruit Ltd’s prior written permission. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners.
- Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of Our Website or any content thereon, except as permitted under the last sentence of this Section 5(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section5(a)), you may not distribute any part of Our Website or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on The Big Fruit Website; accordingly, you may from time to time excerpt and use materials set forth on The Big Fruit Website consistent with the principles of “fair use”.
- We are concerned about the integrity of Our Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of Our Website. Neither you nor any third party shall make use of the contents of The Big Fruit Website in any manner that constitutes an infringement of The Big Fruit Ltd’s rights, including copyright or that has not been authorised by The Big Fruit Ltd.
(b) By posting or submitting content on or to Our Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are granting The Big Fruit Ltd a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sub-licensible right and license to display, broadcast or publish such content on Our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by Our Website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or Our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law, and (d) your use of Our Website and any transactions that you make with us will not violate the rights of any third party. In addition, you agree that you shall be solely responsible for your own submissions and the consequences of posting or publishing them. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You acknowledge and agree that when you submit content in any form to The Big Fruit Ltd or The Big Fruit Website we may authorise such content to be distributed or syndicated to or published on other The Big Fruit-branded environments or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.
(d) The following content standards apply to posts or submissions of content on or to The Big Fruit Website. All such posts and submissions must in their entirety comply with all applicable national and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to The Big Fruit Website must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and Our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organisation.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising other than with Our express prior written permission.
- Give the impression that they originate from or are endorsed by The Big Fruit Ltd or any other person or entity, if this is not the case.
5) You Have Rights if You Believe Your Copyright is Being Infringed: We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from The Big Fruit Website infringe your copyright, you may request removal of those materials (or access to them) from Our Website by submitting written notification to our registered office. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Our Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorised by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
Send DMCA Notices to:
The Big Fruit Ltd
42 Upper Berkeley Street
Marble Arch
London
W1H 5PW
United Kingdom
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Our Website is infringing your copyright, you may be held liable for damages (including costs and legal fees) under Section 512(f) of the DMCA.
6) We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers or users who contribute content via any forum, response Q&A platform or otherwise on Our Website) are theirs alone, not opinions of The Big Fruit Ltd. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through Our Website and/or Online Courses, The Big Fruit Ltd is not undertaking any obligation or liability relating to the content. the Big Fruit Ltd and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor Our Website for inappropriate or unlawful content. The Big Fruit Ltd and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, The Big Fruit Ltd reserves the right to block or remove communications, postings or materials at any time in The Big Fruit Ltd’ sole discretion.
7) You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms Service or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless the Big Fruit Ltd and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 7. In such event, you shall provide us with such cooperation as is reasonably requested by us.
8) Your Use of The Big Fruit Website is Subject to Certain Disclaimers:
- The Big Fruit Website is available As-Is.
- We do not warrant that The Big Fruit website will be uninterrupted or error-free.
- There may be delays, omissions, interruptions and inaccuracies in the content available through The Big Fruit web site.
We do not make any warranties, explicit or implied including, without limitation, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF OUR WEBSITE AND/OR THE ONLINE COURSES.
9) The Big Fruit Ltd is Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to from Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
10) We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
11) Our Liability to You is Limited: The Big Fruit Ltd and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
12) You Will Transact with Us Electronically. You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us, if you have purchased access to an Online Course or otherwise provided your email address to Us or, in the alternative, by posting a notice on Our Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use Our Website.
13) You Are Responsible for Your Own Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or an Online Course through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
14) You May Not Share Your Username and Password. In the event you are provided with a user name and password to access any part of Our Website, including without limitation, the Online Courses to which you have purchased access, agree not share, give or sell your password or username to any other person or company. Excessive viewings or logins by you will be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to the Online Course without refund. When purchasing access to an Online Course, you agree to take all actions possible to protect your username and password from fraudulent use. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Site Terms.
15) Minors. Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, including without limitation, Our Online Courses. The Big Fruit Website and Our Online Courses are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through The Big Fruit Website or the Online Courses. If you believe that a child has provided information to us through The Big Fruit Website or the Online Courses, please contact us by email at support@thebigfruit.com. We will use Our best efforts to remove all of the information provided by the child from Our system.
16) You Need to Bring any Action Against Us Within One Year. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to The Big Fruit Website, your use of The Big Fruit Website, or your access to and use of the Online Courses or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17) You Must Abide by Applicable International Laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
18) Any Dispute Between Us Will be Governed by UK Law: These Site Terms shall be governed by the laws of the United Kingdom, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE United Kingdom AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No waiver of by Us of any term or condition set forth in these Site Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by The Big Fruit Ltd to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Site Terms will continue in full force and effect. These Site Terms and our Privacy Policy and Terms of Sale referred to herein constitute the sole and entire agreement between you and The Big Fruit Ltd with respect to Our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to The Big Fruit Website. Sections 3, 5 through 11, 16, and this Section 18 shall survive termination or lapse of these Terms of Service.
BY CONTINUING TO USE THE BIG FRUIT WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE .
The caption to each Section of these Terms of Service are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Last Updated: 18 July 2017
Welcome to The Big Fruit!
The following Privacy Policy summarises the various ways that The Big Fruit Ltd treats the information you provide while using thebigfruit.com (Website). It is our goal to bring you information that is tailored to your individual needs and, at the same time, protect your privacy.
Please read this Privacy Policy carefully.
You can access the Privacy Policy any time. Your use of and/or registration on any aspect of the Website will constitute your agreement to this Privacy Policy. If you cannot agree with the terms and conditions of this Privacy Policy, please do not use the Website. This Privacy Policy does not cover information collected elsewhere, including without limitation offline and on sites linked to from the Website.
In addition to reviewing this Privacy Policy, please read our Terms of Service. Your use of the Website also constitutes agreement to its terms and conditions.
This Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Privacy Policy.
The Type of Information the Website Collects
The Website generally requests only a nickname, and email address, although you can create an account to whereby you provide additional information if you wish. If at any time the Website were to collect personally identifying information, such as your actual name, address, or telephone number, it would only be with your specific knowledge and consent.
Our servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your Internet Protocol (“IP”) address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.
How the Website Uses Information Provided by You
The Big Fruit uses your user name and password to grant you access to and use of the Website. Your e-mail address will be used, at your request, to send you a copy of your user name and password. If you provide personally identifiable information, it will be used to provide you with the service you have requested. If you choose to opt in to our online magazine and offers, we may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs.
We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums software, but only for the purpose of and to the extent necessary to provide those services. While Service Provider will seek to require such third parties to follow appropriate privacy policies and will not authorise them to use this information except for the express purpose for which it is provided, The Big Fruit does not bear any responsibility for any actions or policies of third parties. There may also be occasion when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided only for that purpose.
In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer our Website.
In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by Service Provider, its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.
Cookies
We may use cookies to track usage patterns on the site, to deliver editorial content, and to record registration and personalization information. For example, if you register on any part of the Website and are given the option to save your user name and password on your computer, we can provide this convenience to you by placing a cookie on your computer.
If you don’t want any cookies, your Web browser likely includes an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of the Website may not function properly.
Minors
This Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this site.
If your children disclose information about themselves in publicly accessible areas of the Website, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.
If you’re worried about your children’s activities or their privacy on our site, we encourage you to contact our Privacy Policy Moderator as described below.
Privacy Policy Moderator
Email: privacy@thebigfruit.com
United Kingdom
